Hudson Reporter Archive

Forgery or freedom of speech?

Union City police have arrested six people, including the former principal of Emerson High School, for allegedly distributing a flyer that was made to look like a letter from Mayor Brian Stack.
The group was arrested the night of Friday, Dec. 4 in a local parking lot after police received a copy of the flyer.
“Acting on the information received, detectives conducted surveillances at various locations, and at about 9:30 p.m., detectives observed a group of six people distributing the flyers from the TD Bank Parking Lot located at 3601 Kennedy Blvd.,” read a police statement regarding the incident.

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“The letter was defamatory and apparently designed to destroy the mayor’s reputation.” – Union City Police statement
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According to police, the two-sided flyer included an English version on one side and Spanish on the other. It contained a photo of Stack and a signature similar to his at the bottom of the sheet. The flyer also contained Stack’s office and cell phone numbers.
The headline at the top read “Formal Apology,” and was addressed to “Dear Taxpayer.” The text of the flyer was an apology in the first person regarding a host of alleged failings, written as if it came from Stack.
According to police, “The letter was defamatory and apparently designed to destroy the mayor’s reputation. The letter referenced both the mayor’s official and private life.”
Police said they would not release a copy of the flyer or provide the exact text of the document. They said Stack had seen the flyer and was able to “confirm that he neither produced it nor authorized its production.”
“I commend the Union City Police Department for their efforts regarding this matter,” said Stack through his spokesman, Mark Albiez, last week. “I trust the legal system will appropriately address these circumstances.”

Former principal arrested

Included in the group of those arrested was Superintendent of Little Ferry Schools Frank Scarafile, who is also a former principal at Emerson High School in Union City.
Others arrested were Justo Delgado, Armando J. Hernandez, and Carlos Lopez, all of Union City; Emilio Lopez of West New York, and 20-year old Joamelly Arteaga of Union City.
Police said the group was allegedly found with several boxes containing thousands of copies of the flyers which were seized as evidence.
According to the police, all of the six who were arrested were charged with forgery, falsifying records, harassment, and violation of the city’s ordinance against distribution of flyers.
Police said they were processed and received summonses.

Charged with distributing flyers

Scarafile said last week that after his arrest, he was held for approximately six hours, “from 10 p.m. to 4 a.m.” and that from what he saw, Stack was at the scene of the arrests with many police vehicles.
“We’re still sorting out the charges,” said Scarafile, who added that from what he knew, the prosecutor had not yet charged him with anything other than with violating the city’s ordinance on distributing flyers.
An anonymous caller contacted the Reporter and said the flyer was done to mock the letters that Stack has sent to residents, heralding his achievements, and was tongue-in-cheek. The caller said the flyer was meant as a parody and not meant to represent itself as coming from Stack. He also added that the arrests were meant to intimidate the critics, and were a violation of freedom of speech laws.
When asked if the flyer was meant as a forgery or a tongue-in-cheek mockery, Scarafile said he wasn’t able to comment until his attorney sorted out the charges.
He said, “If you saw it, you would probably know what it was.”
He also declined to provide the newspaper with a copy of the document.
He said, “If the flyers are released, it won’t be through me.”
Melissa Rappaport may be reached at mrappaport@hudsonreporter.com

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